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[C] 

EEPORT 

•» OF 

THE COMMISSIOIEES TO CODIFY 



SCHOOL LAW. 



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EEPORT. 



The commissioners to whom was referred the revision and 
codification of the laws relating to public schools, respectfully 
report a bill as the result of their labors. 

The principal objects the commissioners have had in view, 
and which they hope they have in a measure attained were : 

First.— To put the education of the children and youth of 
the state within the power of all. 

To do this, they ask of the legislature a fair and reasonable 
appropriation from the public treasury, and the right to im- 
pose a township and district poll and property tax, believing 
that the public mind of the state is prepared for a liberal pro- 
vision by law,'of a character like or equivalent to this. 

Second. — To make the education of the children and youth 
of the state, the business and work of the state and people. 

To effect this, they report the organization of a state board 
and county and township boards of education, and trustees of 
district schools, as in their view the best means of attaining 
this end. 

Experience has taught us that to make the education of the. 
people efficient arid popular, the people must become the actors 
in the varied instrumentalities created by law for this pur- 
pose. 

The commissioners further submit that a general power of 
supervision of this great work should be vested in a body of 
men who, (they assume), will be selected for their virtue, in- 
telligence and patriotism, and as such will sensibly ^preciate 



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the value and weight of the trust committed to them, and who, 
from time to time, will command such modifications of the 
system, as the progress of events may render necessary. 

Upon the secretary of this board, who, ex officio, will be 
state superintendent of public schools, will devolve varied in- 
teresting and laborious duties ; and the commissioners, there- 
* fore ask for this important officer a compensation, bearing a 
fair proportion to the" magnitude and responsibilities of his 
office. 

The commissioners anticipate with confi^dence such harmoni- 
' ous action between the respective boards, trustees and teach- 
ers, directed by one spirit and animated by enlightened and 
generous impulses, that vitality, stability and permanency will 
be given to the system throughout the state. 

In one word, the commissioners have faithfully and earnestly 
labored to give to the cause of education in New Jersey an 
effective organization, in the healthful action of which, with 
the blessing of God, is concerved, as they believe, the strength 
and perpetuity of our political, civil and social institutions. 

Third. — To secure competent, reliable and responsible 
teachers. 

The commissioners trust that they have made satisfactory 
provision for this object for the existing state of things, look- 
ing forwa,rd as they do with hopeful confidence, to the devel- 
opments of the normal school for the graduation of able and 
accomplished teachers for the public schools. 

Fourth. — To make such provisions with regard to the 
school districts as will avoid the embarrassments which occur- 
red under former laws. 

It will be perceived that all controversies on this subject are 
to be submitted to a board chosen by the people, and the com- 
missioners hope, to a board of impartial men, who will have at 
heart the welfare of their constituents, w^hose cases may come 
before them for decision and settlement. 

The right of supervision and review of these cases by the 



county and state boards will, as may be reasonably expected, 
in a few years adjust and settle all controversies on this point. 
The commissioners do not think it necessary in their report 
to go into the details of the bill, they being simply the means 
for obtaining the objects enumerated. 

In conclusion, the commissioners would most respectfully say, 
that they cannot feel that they hare presented a bill free from 
defects, but they do assure themselves, that the state has en-' 
listed their humble but best efforts in preparing a bill which, 
if carried out in good faith, will be effective for good, and one 
easily susceptible of modifications as time and more enlarged 
experience may demand. 

All which is most respectfully submitted, 

By order of the commissioners, 
PETER I. CLARK Chairman, 

John Van Brunt Secretary. 
Trenton, January 18, 1856. 



AN ACT TO ESTABLISH PUBLIC SCHOOLS. 



1. Be it enacted by the Senate and General Jlr^^^V ^f 
the State of Kexo Jersey, That to introduce a r^^^ perfect 
system of public education, the following or^^^^i®"^'^^®^^ 
be established : 

1. A State Board of Education. 

2. County Boards of Education. 

3. Township Boards of E'^ucation. 

4. Boards Af Trustees of the several school districts. 



Article I. 
Of the State Board of Education. 

1. And he it enacted, That the state board of education 
shall consist of five persons, who shall be nominated by the 
Governor and appointed bv bl^, wim the advice and- consent 
of the Senate, who shall hold their office respectively for five 
years, except that at the first meeting of the said board of 
education it shall be determined by lot or otherwise which of 
the members shall hold for one year, which for two years, 
which for three years, which for four years, and which for 
five years ; and annually thereafter one member shall be ap- 
pointed to hold office for five years ; and the Governor, with 
the advice and. consent of the Senate, as aforesaid, shall fill 
all vacancies in said board which may happen by death, resig- 
nation or otherwise. 



Powers and Duties of the State Board of Education^ 

2. And he it enacted. That the said board of education 
shall meet at the city of Trenton within thirty days after their 
^pointment, upon notice in writing, by the State Superintend- 
®^'of public schools ; and when so met shall appoint one of 
their ,^jjjl3gj, president of said board. They shall also appoint 
^ secreiv^y^ -^j^q^ ex-officio, shall be a member of said board, 
and State ^^npermtendent of public schools. The said board 
shalUold reg.iar meetings thereafter in Trenton, on the first 
Tuesdays of Jui^. and January annually, the last of which 
shall be the annual meeting, with power to adjourn from time 
to time, and to hold spe-jal meetings on the call of the presi- 
dent, when in his opinion .he s^me may be necessary ; of the 
time and place of which special meetings t^n days' notice in 
writing shall be given by the president. 

Z. And he it enacted, That the said board of education 
shall have charge of the public schools of this state, and re- 
commend the general course of instruction to be purs ed 
therein. 

4. And be if enacted, That the said board of education shall 
furnish to every county and township board of education the 
most approved plans, of building, furnishing, warming and ven- 
tilating school houses. 

5. And be it enacted, That it shall be the duty of the said . 
board of education, by the secretary thereof, to prepare and * 
lay before the legislature, on or before the twentieth day of 
January, annually, a detailed report of its . aoings, with such 
observations as to the condition and operation of the system 
of public education as experience may suggest, and the best 
means of improving it. 

6. And be it enacted. That the members of the said board 
of education shall be reimbursed by the state treasurer for all 
necessary expenses incurred in the discharge of their ofHcial 



9 

-duties, the account being first audited by the secretary of 
state. The incidental expenses of the said board shall be al- 
lowed and paid in the same manner. 

Article II. 
Of County Boards of Education. 

1. And he it enacted, That the boaiUs of education of the 
sev.eral counties shall consist of three persons chosen from the 
l|gal voters of the county, who shall hold their office respect- 
ively for the term of three years, and be elected by the pe(aple 
at the same time, and in the same manner as other county offi- 
cers are or may be elected, except that at the first meeting of 
the said boards it shall be determined by lot or otherwise, 
which of the persons shall hold for one year, which for two 
years, and which for three years ; and afterwards one mem- 
ber shall be elected annually, to hold office for three years. 

2. And he it enacted. That the term of office of members 
of the said boards, shall commence on the third Wednesday 
of December, next, succeeding the election. 

Powers and Duties of the County Boards of Education. 

3. And he it enacted, That the county board of education 
of each county, shall meet at the court-house in the county, 
within thirty days after their election, as aforesaid, and when 
so met, shall appoint one of their number president of said 
board; they shall also appoint a secretary, who, ex-ojfficio, 
shall be county superintendent of public schools, and of whose 
appointment immediate notice shall be give to the secretary of 
the state board of education ; the said board shall hold regu- 
lar meetings thereafter, at the court-house in said county, or 
such place in the immediate neighborhood thereof, as may be 
convenient, on the second Tuesdays of June and December, 
^2 ' . . ^ 



10 

annually, the last of which shall be the annual meeting, with 
power to adjourn from time to time, and^to hold special meet- 
ings on the call of the president, when, in his opinion, the 
same may be necessary ; of the time and place of which spe- 
cial meetings, ten days' notice, in writing, shall be given by 
the president. 

4. And he it enacted, That the county board of education 
shall have charge of the public schools in the county, and it 
^ shall be their duty^to see that the law respecting public 
schools, is properly enforced therein. 

^ Andheit enacted, That the county board of education in 
each county, shall apportion all moneys received from the stll:e, 
or appropriated by the county to school purposes, among the 
several townships of the county,. in the ratio of the popula- 
tion thereof, as ascertained by the last preceding census. 

' 6. And be it enacted, That the county board of education 
in each county, shall, at the annual meeting, appoint two com- 
petent persons, residents of the county, who, in connection 
■with the county superintendent of said county, shall consti- 
tute a board of examiners, to examine and license teachers 
in the manner and form as hereinafter provided : provided, 
that at the first meeting of said county board, after this act 
shall take effect, the said examiners shall be appointed until 
the annual meeting of the said county board of education. 

7. Andbe it enacted, That the county board of education of 
each county, shall, on or before the second Tuesday of De- 
cember, annually, transmit, through the secretary thereof, to 
the secretary of the state board of education a written report, 
exhibiting the condition of the public schools of the county, 
•with such observations concerning the operation of the law 
and the improvement of the schools, as they may deem pro- 
per. 

8. And be it enacted, That the county board of education 
in each county, shall keep a record of Its proceedings in a book 
provided for that purpose. 

9. And he it enacted, That the respective members of each 



11 

county board of' education, shall be reimbursed by the county 
collector, for all expenses incurred in the discharge of their 
official duties, their accounts being first audited by the board 
of chosen freeholders of the county ; the necessary incidental 
expenses of the said board, shall be allowed and paid in the 
same manner. 

10. Mnd be it enacted, That any vacancy that may happen 
in the county board of education by death, resignation or 
otherwise, shall be filled by the appointment of the court of 
common pleas in said county, until the next succeeding annual 
election. 



Article III. 
Of Township Boards of Education. 

1. ^nd be it enacted, That the boards of education of the 
several townships shall consist of three persons, chosen from 
among the legal voters of the township, who shall hold office 
for the term of three years, and be elected by the people at 
the annual town meetings, in -the same manner as other town- 
ship officers are or may be elected, except that at the first 
meeting of the said boards, it shall be determined by lot or 
otherwise, which of the members shall hold office for one j^ear, 
which for two years, and which for three years ; and after- 
wards one member shall be elected annually, to hold his office 
for three years. 

2. And be it enacted, That the term of office of the town- 
ship boards shall commence on Tuesday of the week next suc- 
ceeding the election. 

Powers and Duties of the Township Boards of Education. 

3. And be it enacted that the township board of education, 



12 



in each township, shall meet at the place of* holding the last 
town meeting, within ten days after their election, as afore- 
said, and when so met they shall appoint one of their number 
president of the said board ; they shall also appoint a secretary, 
who, ex-officio, shall be the town superintendent of public 
schools ; the said board shall hold regular meetings thereafter, 
on the second Tuesdays of April, July, October, and January, 
annually; the last of which shall be the annual meeting, with 
power to adjourn from time to time, and to hold special meet- 
ings on the call of the president, when, in his opinion, the 
same may be necessary ; of the time and place of which special 
meetings, five days' notice, in writing, shall be given by the 
president. 

4. And he it enacted, That the township boards of educa- 
tion, shall have charge of the public schools in their respec- 
tive townships, and it shall be their duty to see that the law 
respecting public schools, is properly enforced therein. 

5. Jind he it enacted, That the respective township boards 
of education, shall have full power to form new school dis- 
tricts ; to abolish any school district or districts ; to consoli- 
date school districts, and to alter and change the boundaries of 
any school district or districts, whenever, in their judgment, cir- 
cumstances shall require ; but no district shall be formed con- 
taining less than sixty resident scholars, of legal age, except 
in cases when, in the opinion of the board, it may be necessary 
to reduce the number ; and in case a district can be more conre- 
niently formed of parts of two or more adjacent townships Or 
counties, the boards of education of such adjacent townships may 
form such districts; and it shall be the duty of the township 
boards of education to record, in suitable books provided for 
the purpose, the names, numbers, and boundaries of the several 
school districts, and the alterations and changes that may, 
from time to time, be made. 

6. And he it enacted, That the township boards of educa- 
tion of each" township, shall locate all the school-houses in 
the township, and when so located, they shall not be altered 
or changed without good cause. 



13 

7. And be it enacted, That the superintendent of each 
township shall, with the approval of the township board of 
education, prescribe the books and apparatus to be used in the 
public schools of the township. 

8. And be it enacted, That the township board of education 
shall, on or before the first day of June, annually, apportion 
among the several school districts, the money received by the 
township, and the money raised therein for the support of 
the schools ; this apportionment shall be made on such princi- 
ple as the said board of education shall deem best calculated 
to promote the cause of education among the people, having 
regard to the wants of the inhabitants of the several school 
districts, their situation, the number of pupils attending the 
schools, the qualifications of the teachers, and any other just 
consideration ; but no apportionment shall be made to any 
school, unless established in conformity with the provisions of 
this act. 

9. And be it enacted, That whenever, upon the view of the 
township board or boards of education, of any township or 
townships, or upon the written application made to them by 
the trustees of any school district, or upon the written appli- 
cation of ten or more legal voters residing in a school district, 
certifying that a new school-house is necessary, or that a larger 
sum than twenty-five dollars'is needed to enlarge or repair a 
school-house, the township board or boards of education, shall 
call a public meeting of the legal voters of such district, at 
some public place therein, by notices signed by their president or 
secretary, or by their respective presidents -or secretaries, Set- 
ting forth the time, place, and purposes of such meeting, and 
set up in at least three public places in said district, ten days 
before the day of meeting ; and the legal voters so met, shall 
have power, by the consent pf the majority of those present, 
to authorize the trustees to purchase land to build a new school- 
house, or to enlarge or repair the existing school-house, and to 
raise, by taxation in the district, any sura of money the majo- 



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14 

rity so assembled shall agree to, for any one or all of the pur- 
poses enumerated ; and in case any money shall be ordered to 
be raised by taxation, the said board or boards of education, 
shall make out and sign a certificate thereof, and deliver the 
same to the assessor cr assessors of the township or townships 
in which said district is situate ; which said assessor or asses- 
sors shall first assess upon the polls in the district, such sum 
as the township board or boards shall direct, not less than 
twenty-five cents, nor more than two dollars, and the balance 
■dn the property, real and personal, in the district ; which mo- 
ney shall be assessed, levied, and collected at the time that 
other townships moneys are or may be assessed, levied and 
collected; and it shall be the duty of the collector or collec- 
tors of the township or townships in which said district is 
situate, to pay over all moneys by him or them received, which 
shall have been assessed by virtue of a district meeting as 
aforesaid, to the town superintendent of the township in which 
the school-house is, or is intended to be located, to be paid out 
by him on the order of the trustees thereof, for the purposes 
directed by the district meeting so held as aforesaid : provided, 
that no money shall be paid out for building or repairing any 
school-house, until the township board or boards of education 
have approved of the intended location of the same, and the 
plans and specifications previously submitted to them by the 
trustees aforesaid. 

10. And be it enacted, That it shall be the duty of the 
township board of education to transmit, through the secreta- 
ry thereof, on or before the tenth day of December, annually, 
to the secretary of the county board of education, a written 
report of the condition of the schools of the township, a copy 
of which report, shall also be filed with the clerk of the town- 
ship, ten days previous to the annual town meeting. 

11. And be it enacted, That any vacancies that may happen 
|i the township boards of education, caused by death, resigna- 
tion, or otherwise, shall be filled by the township committee of 
the township, until the next annual town meeting. 



12. And he it enacted, That the members of the township 
boards of education, shall be reimbursed by the township col- 
lector, for all expenses incurred in the discharge of their offi- 
cial duties ; their accounts being first audited by the township 
committee. The necessary incidental expenses 6f the said 
board, shall be allowed and paid in the same manner. 

Article IV. 

Of the State Superintendent and County and Town 
Superintendents. 

1. And be it enacted, That the state superintendent of public 
schools shall hold his office for three years, and until a succes- 
sor shall be appointed ; he shall receive an annual salary of 
two' thousand dollars, payable quarterly, which shall be in full 
for his services and traveling expenses. 

2. And he it enacted, That it shall be the duty of the state 
superintendent, under the direction of the state board of edu- 
cation, as soon as may be practicable after this act shall go 
into effect, to compile a code of instructions for the county 
and township boards of education, county and town, superin- 
tendents,, boards • of county examiners, and all other officers 
named in^this act ; and to append to the same, directory forms 
of procedure and forms of reports, certificates to teachers, and 
all other forms and matter he may deem necessary to ensure 
a complete organization of the system of public education, and 
the uniform and thorough administration of the law in all the 
educational departments, and to furnish one copy eac^i of th? 
same, printed in pamphlet form, to the boards of education in 
counties and townships, and to the trustees of the public 
schpols in the state. 

3. And be it enacted That it shall be the duty of the state 
superintendent to visit the different counties of this state, and, 
as far as may be practicable, the different townships and 
schools, for the purpose of collecting, information as to the 
■working and administration of the law, and the condition of 



16 ^ 

the public schools, and to diffuse information on the subject,,, 
by addresses and personal communication with the people and" 
with the county, town and school officers. 

4. ^nd be if enacted, That it shall be the duty of the state 
superintendent to adjust and decide, without cost to the parties, 
all disputes and controversies arising under this act, which 
may be submitted to him for decision ; the facts of which cases 
shall be stated in writing, verified by oath or affirmation, if 
required, and accompanied with certified copies of all necessary 
minutes, contracts, orders, and other documents, and his de- 
cision made in writing and by him signed and approved by the 
attorney general, and delivered to the county or town super- 
intendent in which the controversy or dispute shall have 
arisen, shall be conformed to" by all persons having notice 
thereof, until a different decision shall be made by the supreme- 
court, or any circuit court of this state. 

5. ^nd be it enacted, That it shall be the duty of the state 
superintendent to enter, or cause to be entered, in proper book& 
provided for the purpose, all decisions made by him of ques- 
tions arising under this act. 

Of County Supe7'intendents. 

6. Andbe it enacted, That the county superintendent shall 
hold his office for two years, and until a successor be appoint- 
ed ; he shall receive the sum of two dollars for every day in 
which he shall be actually engaged in discharging the duties of 
his office, to be paid by the county collector out of the funds 
of the county, on the order of the county board of education 
of said count(y, provided that no compensation shall be paid 
to him, until he shall produce an acknowledgment of the state 
superintendent, that he has received from him the report, re- 
quired annually to be made by the provisions of this act. 

7. Jhid he it enacted. That it shall be the duty of the 
county superintendent to visit, at least once each year, the 



17 

schools in the several townships, and to advise with the town- 
ship boards of education, superintendent, and others connected 
with the public schools, in all matters pertaining to the ar- 
rangement and discipline of the schools, the course of study- 
to be pursued, and the books to be used ; and with reference 
to the duties to be required of the trustees and teachers. 

Of Town Superintendents. 

8 And be it enacted, That the town superintendent of each 
township shall hold his office for one year, and until a succes- 
sor be appointed ; he shall receive the sum of one dollar and 
fifty cents for every day in which he shall be actually engaged 
in discharging the duties of his office, to be paid by the town- 
ship collector out of the funds of the township, on the order 
of the township board of education : provided, that no com- 
pensation .shall be paid to him until he shall produce an ac- 
knowledgment of the county superintendent that he has re- 
ceived from him the report required annually to be made by 
the provisions of this act. 

9. And he it enacted, That the town superintendent of pub- 
lic schools in each township, is hereby authorized to receive 
from the county collector such sums of money as shall be ap- 
portioned to said township by the county board of education, 
and also from the township collector of the township, such 
sum as shall be raised in or appropriated by the township for 
school purposes ; but before receiving any money, he ^shall 
enter into bond to the inhabitants of the township in their 
corporate name, with two good and sufficient sureties, being 
freeholders and residents in the township, to be approved by 
the township board of education,, in such sum as shall be pre- 
scribed by the said board, conditioned for the faithful perform- 
ance of the duties of his office ; and the s?id town superinten- 
dent shall pay over no money received by him, except upon 
the written order of the trustees or a majority of them, which 
order shall state the purposes for which it is given, and be 



18 . 

made payable to the order of the person entitled to receive the 
same, and endorsed by him. 

10. And he it enacted, That it shall be the duty of the 
town superintendent to see that the law respecting public 
schools is properly enforced, and the rules and regulations of 
the state, county and township boards of education, properly 
observed in the township. 

11. And he it enacted, That it shall be the duty of the 
town superintendent to visit the schools of the township at 
least once in every term, to consult and advise with the trus- 
tees and teachers, collect information of the condition of the 
public schools of the township, and by addresses and other 
means diffuse among the people such information as will tend 
to promote the interests of public education. 

12. And-beit enacted, That it shall' be the duty of the 
town superintendent of each township to present to the town- 
ship board of education at its annual meeting, an exhibit of 
his account in such a manner as will show the sources and 
amount of receipts, and by whom paid ; the purposes and 
amounts of disbursments, and to whom paid, and his vouchers, 
in order that the same may be duly audited by the said board. 

13. And be it enacted, Th^t it shall be^the duty of the town 
superintendent of each township, within ten days after the expi- 
ration , of his term of office, to render to the president of the 
township board of education a just and true account in writingj 
of all moneys received and disbursed by him ; and if on ren- 
dering such account any balance shall be found remaining in 
the hands of the town superintendent, the same shall be im- 
diately paid over by him to his successor in office ; every town 
superintendent who shall refuse or neglect to render such an 
account as is above required,- or neglect or refuse to pay over 
any balance in his hands, shall forfeit for each offence the sum 
of fifty dollars ; and it is made the duty of the township board 
of education, in the name of the township, to prosecute for 
the same. 



19 1 

Article V. 

0/ Boards of Trustees and Teachers of the several School 
Districts. 

1. ^nd be it enacted, That the legal voters of the -several 
school districts shall, at their annual district meetings, to be 
holden on the first Monday in April next, elect three discrete 
persons, being residents and voters in the district, to be the 
trustees of the said district ; and at the first election* held af- 
ter this act shall take effect, they shall elect one of the said 
trustees to hold his office for one year, one to hold his office 
for two years, and one to hold his office for three years ; and 
afterwards one trustee shall be elected annually, on the first 
Monday of April, to hold his office for three years, and in case 
of any vacancy, the same shall be filled by the legal voters of 
the district, at a special meeting to be called for that purpose 
by the remaining trustees, or if there be no trustee in office in 
the said district, J:hen by the town superintendent of the town- 
ship ; of which meetings ten days' notice, in writing, shall be 
given, by notices set up in three of the most public places in 
the district. ^ 

2. ^nd be it^enacted, That the trustees of the district schools, 
and their successors, are hereby severally constituted bodies 
corporate and politic, to be known and distinguished by such 
name as they may respectively assume, or as may be given to 
them by their respective township boards of education. 

3. And be it enacted, That it shall be the duty of the trus- t 
tees to provide a suitable house in which the school shall be 
kept, subject to the approval of the township board of educa- 
tion. They shall have the custody and control of the house 

and other property of the district. They shall give notice of 
the annual and other meetings of the district for the election of 
the trustees. Th(^ may, With the approval of the township 
board of education, contract with and employ a competent 



20 

teacher, having a certificate of license. They shall pay the 
wages of such teacher, by an order, in writing, on the town 
superintendent of the township, which order must be signed 
by the trustee's, or a majority of them, and shall state the 
purpose for which it is given, and be made payable to the 
order of the person entitled to receive the same, and endorsed 
by him. 

4. And be it enacted, That it shall be the duty of the trus- 
tees of each school district, to transmit, on or- before the first 
day of May annually, to the secretary of the township board 
of education, (i the township in which the district is situate,, 
a complete list of the children residing therein, capable of 
attending school, between the ages of five and eighteen years, 
together with their names, and the names of their parents or 
guardians, and to place on file with the teacher of the district, 
a true copy of said list and in case the trustees neglect or 
refuse to make such report, they shall not be entitled to draw 
on the town superintendent of the township, for any portion of 
the money apportioned to or raised in the township, for school 
purposes. 

5. And be it enacted, That the trustees, by one or more of 
their number,, shall be required to visit the schools of their 
district, at least once in every term, and perform such other 
duties as may be required of them, by the township board of 
education, in order to carry into effect the provisions of this 
act. 



Of Teachers. 

6. Jlnd be it enacted, That no person shall be employed as 
a teacher in any school supported entirely, or in part, by the 
public money, unless such teacher shall possess a certificate of 
license ; and whose moral character, literary qualifications, and 
ability to teach, shall be such, as in the judgment of the county 
board of examiners, qualify him for the oflSce of teacher. 



21 

7. ^ind be it enacted, That every teacher so employed, shall 
keep a register of all the children in the district, and of all 
the children attending the school ; their names, and ages, and 
the names of their parents or guardians ; the date when each 
child entered and left the school ; their daily attendance ; the 
branches taught, and the number and names of pupils engaged 
in the study of each of the said branches, and also to record 
the day of the month on which the school may be visited by 
any of the township or other officers named in this act, as 
well as the names of other visitors. A copy of which register 
shall be filed by the teacher, with the town superintendent of 
the township in which the district is situate ; and until so filed, 
it shall not be lawful for the teacher so neglecring or refusing, 
to receive any portion of the public money for his services. 

Article VI. 
Of the State Appropriations for the support of Public Schools. 

1. And be it enacted, That for the encouragement and main- 
tenance of public schools in the several townships and cities of 
this state, the sum of one hundred thousand dollars is hereby 
annually appropriated. Fifty thousand dollars out of the 
income of the school fund, and fifty thousand dollars out of 
the state treasury. If the annual income of the school fund 
shall not have been received in full, or shall be insufficient for 
this purpose, then the treasurer of the state, is hereby directed 
to pay the same out of the state treasury, to be replaced by 
the annual income of the said fund, so soon as it shall be 
received. 

2. And be it enacted, That the sum of fifty thousand dollars 
out of the income of the school fund, shall be paid on or before 
the first day of April annually ; and the sum of fifty thousand 
dollars out of the state treasury in like manner, on or before 
the first day of October, annually. 



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3. And he it enacted, That it shall be the uuij vi me Trus- 
tees of the school fund, on or before the first day of April, 
annually, to apportion the money ,so appropriated, among the 
diiFerent counties of this state, in the ratio of the population 
thereof, as ascertained by the last preceding census. A copy 
of which apportionment shall be made out, and filed with the 
Treasurer, whose duty it shall be, forthwith to give notice, in 
writing, to the collectors of the several counties, and also to 
the presidents of the county boards of education, of the sum 
apportioned to each county. One half of which shall be paid 
immediately thereafter, by the state treasurer, to the county 
collectors of the several counties, and the other half in like 
manner, on or before the first day of October annually. 

Of the Money raised in the Townships for the support of 
Public Schools. 

4. jind be it ejiacted, That it shall be the duty of the town- 
ship board of education, in each county, at its meeting in Jan- 
uary, annually, to determine by estimate, as nearly as practica- • 
ble, the amount of money necessary to be raised in the town- 
ship in addition to the state appropriation, for the purpose of 
maintaining free schools the ensuing year, which estimate in 
detail, shall be filed with the clerk of the township, ten days 
previous to the annual town meeting, and a copy thereof deli- 
vered by the said clerk to the assessor of the township, who 
shall be chosen at the ensuing town meeting, at least one 
month previous to the time required by law, for making the 
assessment of taxes in said township. 

5. And be it enacted, That it shall be the duty of the asses- 
sor of the township to assess on the polls and estates of the - 
inhabitants of the townships, such sum' as the said township 
board of education shall certify as necessary to maintain free 
schools in the township ; the assessment to be made at the 
same tiirye, and collected in the same manner as other township 
or city taxes are or may be assessed and collected. 



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6. And he it enacted, That in assessing the amount provi- 
ded for in the preceding section, the sum of one dollar shall 
be assessed on each male inhabitant of the township, of the 
age of twenty one years and upwards, and the remainder on 
the taxable property of the township, in the same manner as 
other township taxes are or may be assessed. 

7. And he it enacted, That the money apportioned to the 
township, and the money raised therein, shall be applied by 
the township board of education, in each township, to the pur- 
poses of maintaining free schools in said township, in which 
shall be taught, free of charge, all the children residing therein, 
of legal age, and capable of attending school. 

Miscellaneous Provisions. 

8. And he it enacted, That it shall be the duty of the board 
of examiners, in each county in this state to meet on the fourth 
Tuesdays of March and September, annually, at ten o'clock 
A. M., at the court house in the county, or such place in the 
mraediate vicinity thereof, as may be convenient, with power 
to adjourn from time to time, and to hold special meetings 
when they may be deemed necessary by the county superin- 
tendent ; and when so met, shall examine and license by cer- 
tificate under their hands and seals, suitable persons as teach- 
: ers of the public schools in the county, which said certificates 
shall express the grade of qualification of the teacher in man- 
ner and form that shall be prescribed by the state superinten- 
dent, and shall continue in force for one year unless for just 
cause revoked by said board of examiners. 

9. And he it enacted, That the members of said board of 
examiners shall respectively receive for the services required 
of them by the preceding section, the sum of two dollars per 
day while engaged in the performance of their duty to be paid' 
by the cpunty collector out of the funds of the county upon 
the order ot the president of the county board of education. 



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' 'l(j.:And he tf'm^^^^^^miiiti: general and specii 
and parts of actsy^^^l^^Pmpplements thereto, incons: 
with the provisions of this act, be and the same are hereby 
repealed, exgept such acts as 'have been passed with reference 
tollie schools of incorporated cities ; provided, that the fifth 
and- sixth sections of the supplement to the act entitled "An 
act to establish public schools,'' approved March fourteenth, 
eighteen hundred and fifty-one, shall be and remain in full 
forc;e uhtil the provisions of this act shall take full effect. 



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